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Item F28 F.28 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida.Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting November 20, 2019 Agenda Item Number: F28 Agenda Item Summary #6276 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427 n/a AGENDA ITEM WORDING: Approval of a contract with Inspect Key West, Inc. for On-Call Air Quality Testing and Reporting Services. This is a standby services contract that will only be activated during hurricanes or other disaster events. ITEM BACKGROUND: One of the first needs in the aftermath of a hurricane or other disaster in order for the County to get back to work as usual is to perform air quality testing followed by mold remediation in its buildings. By having emergency standby contracts in place in advance of a storm, Monroe County can better expedite reopening of its buildings for employees and the public. Project Management issued an RFP for On-Call Air Quality Testing and Reporting Services. Five (5)responses were received. Inspect Key West, Inc. was the second lowest, responsible bidder. The contract with Inspect Key West is for a period of 3 years with the option for 2 additional one year renewals for a maximum period of 5 years. Specific scopes of work and costs will be set via Task Orders issued to Inspect Key West following a disaster event. PREVIOUS RELEVANT BOCC ACTION: 4/17/19 —BOCC gave approval to advertise for various standby contracts to provide emergency services in times of hurricanes or other disasters CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval of contract DOCUMENTATION: EXECUTED Inspect Key West_FEMA Updates_CA stamped(11 12 19) Inspect KW insurance does FINANCIAL IMPACT: Packet Pg. 911 F.28 Effective Date: 11/20/2019 Expiration Date: 11/19/2022 Total Dollar Value of Contract: TBD Total Cost to County: TBD Current Year Portion: TBD Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: n/a REVIEWED BY: Cary Knight Completed 11/05/2019 2:17 PM Pedro Mercado Completed 11/05/2019 2:18 PM Maria Slavik Completed 11/05/2019 2:25 PM Budget and Finance Completed 11/05/2019 2:56 PM Kathy Peters Completed 11/05/2019 2:58 PM Board of County Commissioners Pending 11/20/2019 9:00 AM Packet Pg. 912 F.28.a U) CONTRACT FOR ON-CALL AIR QUALITY TESTING AND REPORTING SERVICES BETWEEN MONROE COUNTY AND INSPECT KEY WEST, INC. 0 U) THIS AGREEMENT is made and entered into this 20th day of November 2019 between MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040 and INSPECT KEY WEST, INC. ("CONTRACTOR"), whose address is 2404 Staples Avenue, Key West, Florida 33040. Section I. SCOPE OF SERVICES CONTRACTOR shall do, perform,and carry out in a professional and proper manner certain duties 0 as described in the Scope of Services which is attached hereto and made a part of this agreement. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. CONTRACTOR shall provide services Ir- using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement. B. To the extent that CONTRACTOR uses employees, subcontractors or independent U) contractors, this Agreement specifically requires that the employees, subcontractors and independent contractors shall not be an employee of or have any contractual relationship with U)I County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, be authorized or permitted under State and local law, to perform such services. i U) Section 2. COUNTY'S RESPONSIBILITIES 2.1 The County will provide such data as is required by the CONTRACTOR and is mutually agreed upon. 2.2 The County will make payments as outlined in Section 4 of this Agreement. U) Section 3. TERM OF AGREEMENT 3.1 The Professional Services required by this Agreement will be for services in the form of an On-Call Contract, commencing November 20, 2019 and ending November 19, 2022, with options for the County to renew for two additional I year periods for a maximum agreement period of five years. Page 1 of 18 Packet Pg. 913 F.28.a U) Section 4. PAYMENT TO CONTRACTOR 4.1 Payment will be made according to the Florida Local Government Prompt Payment Act, Sections 218.70-218.80, Florida Statutes. The Provider shall submit to the County an invoice with 0 supporting documentation in a farm acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Invoices shall be sent to the County's Emergency Management Department who will review the documents and route them to appropriate County Staff for approval. Upon receiving all required approvals, the invoice(s) will be forwarded to the County Clerk's office for payment. 4.2 This Agreement is contingent upon annual appropriation by Monroe County Board of �? County Commissioners. Section S. CONTRACT TERMINATION 0 A. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR,COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion N to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al; of the Monroe County Code. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days Ui written notice of its intention to do so to the other party;, however, this provision may not be exercised during hurricane season (June I to November 30) unless both parties mutually agree to 9 .terminate. In the event of termination,the COUNTY shall owe for all goods and services delivered prior to the date of termination. i B. Termination for Cause and Remedies: In the event of breach of any contract terms, the 0 COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants � herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' � U) notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due (lie CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right .. Page 2 of 18 Packet Pg. 914 F.28.a U) to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. In the event that the CONTTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days written notification to the CONTRACTOR. a� For Contracts of any amount, if the County determines that the CONTRACTOR has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the COUNTY shall have �? the option of(1) terminating the Agreement after it has given the CONTRACTOR written notice and an opportunity t, demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes,, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. Section b. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees that he has carefully examined the RFP and its response, v both of which are made part of this Agreement by reference, and this Agreement and has made a determination that he/she has the personnel,equipment, and other requirements suitable to perform this work and assumes frill responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and U) carefully considered by CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall Ui this Agreement be more strongly construed against COUNTY than against CONTRACTOR. B. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter. C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms i of this Agreement, and specifications covering the services. 0 D. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility(ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. Page 3 of 18 Packet Pg. 915 F.28.a Section 7. NOTICES U, Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,postage prepaid, to the other party by certified mail,returned receipt requested, to the following: For CONTRACTOR: L For County: I irccte r cal"P e _fl"�a gc t c t ,s tant County_AdrninistraCoy I? 1100 Siiriotit(Inn St.., onp 2- 16 1100 Simonton St. 1 e West.,FBo ida 04 Key West 1`loricl'a 33040, _. Section 8. Public Records Compliance CONTRACTOR must comply with Florida public records laws, including but not limited to g Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of E this provision shall be deemed a material breach of this contract and the COUNTY may enforce U) the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be U entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. i U) CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accotanting principles consistently applied. Each party to this Agreement and their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and auditing purposes during the term of the agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies Page 4 of 18 Packet Pg. 916 F.28.a were paid to CONTRACTOR. 3 Pursuant to F.S. 119.0701, CONTRACTOR and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: �s a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. �s C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract terns and following completion of the contract if the CONTRACTOR does not transfer the records to the public agency. 2 a� d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the CONTRACTOR or keep and maintain public records required by the public v agency to perform the service. if the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All < records stored electronically must be provided to Monroe County, upon request from the public Ui agency's custodian of records, in a format that is compatible with the information technology 2 systems of Monroe County. C. A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the i COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR 0 must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public U records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Page 5 of 18 Packet Pg. 917 F.28.a U) The CONTRACTOR shall not transfer custody,release,alter,destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE U) CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- a BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 0 Right to Audit Availability of Recorels. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsucces'sful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order file, (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by COUNTY to substantiate charges related to this agreement,and all other agreements,sources of information and matters that may in COUNTY's reasonable judgment have any bearing on or pertain to any matters, rights,duties or obligations under or covered by any U)i contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by COUNTY's representative and/or agents of COUNTY. COUNTY may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special i charges, verifying information and amounts through interviews and written confirmations with U' employees, subcontractors, suppliers, and CONTRACTOR's representatives. All records shall be kept for five (5) years after Final Completion of a project. Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020- W 1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or Page 6 of 18 Packet Pg. 918 F.28.a U) purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 10. CONVICTED VENDOR By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a contractor, supplier, or subcontractor under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the 0 Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. g 2 a� Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, U) Florida. U) i Section 12. SEVERABILiTY CL If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and U) provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by la%v unless time enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken U) provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 13. ATTORNEYS FEES AND COSTS Time COUNTY and CONTRACTOR agree that in the event any cause of action or administrative Page 7 of 18 Packet Pg. 919 F.28.a U) proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil 0 Procedure and usual and customary procedures required by the Circuit Court of Monroe County. U) Section 14. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives,successors, and assigns. Section 15. AUTHORITY �? Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of 2 a� counsel. Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS N Ir- COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. �s U) i Section 17. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or i provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree 0 that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 18. NONDISCRIMINATION During the performance of this Agreement, the CONTRACTOR agrees as follows: (1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, Page 8 of 18 Packet Pg. 920 F.28.a U) and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and 0 selection for training, including apprenticeship.The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. �? (3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or 2 applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to cv individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. (4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants Far employment. i (5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. III Page 9of18 Packet Pg. 921 F.28.a U) (7) In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in 0 Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Section 19. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest,and shall not acquire any interest, which would conflict in any manner or degree with its perfonnance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 20. CODE OF ETHICS _ 0 The parties understand that officers and employees of the COUNTY are required to comply with a� the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting c employment or contractual relationship; and disclosure or use of certain information. Section 21. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, psi corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or malting of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, i commission, percentage, gift, or consideration. Section 22. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject U) to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. U Page 10 of 18 Packet Pg. 922 F.28.a U) Section 23. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance 0 pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 24. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 0 a� a� Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility c imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to U) the extent permitted by the Florida constitution, state statute. and case law. U) i Section 26. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the i authority to inform, counsel, or otherwise indicate that any particular individual or group of U) individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. U) Section 27. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement. Page 11 of 18 Packet Pg. 923 F.28.a U) Section 28. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and 0 no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 29. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 30. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 31. INSURANCE POLICIES cv 31.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre-requisite of the work governed, the CONTRACTOR shall obtain,at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may Ui require all subcontractors to obtain insurance consistent with the attached schedules; however, CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. failure to provide proof of insurance shall be grounds for termination of this Agreement. i The CONTRACTOR will not be permitted to commence work governed by this contract until 0 satisfactory evidence of the required insurance has been fumished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this Page 12 of 18 Packet Pg. 924 F.28.a U) provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any 0 penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: Certificate of Insurance or • A Certified copy of the actual insurance policy. t? The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. 2 a� All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. cv rr The acceptance and/or approval of the CONTRACTOR's insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included U)i as "Additional Insured" on all policies, except for Workers' Compensation and Professional Liability. 31.2 Insurance Requirements For Contract Between COUNTY And CONTRACTOR The CONTRACTOR shall be required to maintain the following types and amounts of insurance 1 coverage as indicated below. Certificates of Insurance must be provided to Monroe County within Fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be terminated without any financial obligations being imposed on the COUNTY. 0 Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. All insurance companies shall have an A.M. Best rating of A- or better. The required insurance shall be maintained at all times while CONTRACTOR is providing service to County. W Worker's Compensation Statutory Limits Page 13 of 18 Packet Pg. 925 F.28.a U) Employers Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, 0 each employee General Liability $300,000 Combined Single Limit Vehicle Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Professional Liability $300,000 per Occurrence $500,000 Aggregate Section 32. INDEMNIFICATION, DEFEND, HOLD HARMLESS The CONTRACTOR does hereby consent and agree to indemnify, defend and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising out of the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR or persons employed or utilized by the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be Uai solely responsible for any and all accidents or injuries to persons or property arising out of its performance of this contract. Further the CONTRACTOR agrees to defend and pay all legal costs of the COUNTY for claims or acts attributable to the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR or any of CONTRACTOR'S employees or representatives. 1 U) At all times and for all purposes hereunder, the CONTRACTOR is an independent CONTRACTOR and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her CL employees, CONTRACTORs, servants or agents to be employees of the Board of County U) Commissioners for Monroe County. As an independent CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. U The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, Page 14 of 18 Packet Pg. 926 F.28.a U) supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. Tile cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors 0 shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi- public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to t? complete the work schedule. Such an agreement shall be made between the parties. Section 33. FEMA REQUIREMENTS A. Access to records. a� Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to cv records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2.Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DFIS Ui officials and maintain appropriate backup documentation to support the reports. 2 B. DHS Seal, Logo and Flags Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. i U) C. Changes to Contract The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. Section 34. TERMS AND CONDITIONS REQUIRED BY 2 CFR PART 200 The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendis 11 Page 15 of 18 Packet Pg. 927 to Part 200, as amended, including but not limited to: A. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution 0 U Control Act as amended (33 U.S.C. 1251-1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). U) B. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, 1� all contracts awarded by the COUNTY in excess of $100,000 that involve the employment or a mechanics or laborers must comply with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is 0 compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. cv C. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the recipient or subrecipient wishes E to enter into a contract with a small business firm or nonprofit organization regarding the U) substitution of parties, assignment or performance of experimental. developmental, or research < work under that "funding agreement," the recipient or subrecipient must comply with the U I U) requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and 0. M any implementing regulations issued by the awarding agency. W D. Clean Air Act (42 U.S.C. 7401-767]q.) and the Federal Water Pollution Control Act (33 U- U.S.C. 1251- 1387), as ame nded—Con tracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). U) W E. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see M 2 CFR 180.220)must not be made to parties listed on the governmentwide exclusions in the System U W X for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that W implement Executive Orders 12549,(3 CVR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 E Page 16 of 18 Packet Pg. 928 U) Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies,as`veil as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 0 F. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection a with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federai M award. 0 G. Procurement of recovered materials as set forth in 2 CFR § 200.322. - CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by (lie Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and E establishing an affirmative procurement program for procurement of recovered materials identified U) in the EPA guidelines. U) H. The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR CL during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland W Security's E-Verify system to verify the employment eligibility of all new employees hired by the U) subcontractor during the Contract term. 1. No Obligation by Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, CONTRACTOR, or any other party pertaining to any matter resulting from the U) contract. W J. Program Fraud and False or Fraudulent Statements or Related Acts. Tile W X CONTRACTOR acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False W 4i Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. E Page 17 of 18 Packet Pg. 929 F.28.a IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and date first written above in counterparts, each of which shall, without proof or accounting for the other counterparts,be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY,FLORIDA U) By: .. By: .: ..................._WW ..W_................_._..._. a� Deputy Clerk Mayor WJ F Sl S ry INSPECT El, WEST,INC. �s �._. .. Y�W :..: . .. _�.... . .. .. .,..... 0 Title_ 06-0111 _ _ .. 0 a® STA E O or affirmed before COUNTY OF— __ Subscribed and sworn to _ ( ) e me on this 051-4Nday of y , 20�, by �Aw oh+n h, (name of affiant). He/She is personally known to me or has produced F10c(���, s identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for the purposes therein contained. Notary Pu blic ` .. U) Prmt Nagle tl My commission expires:/ U) ( ) THEDA B.M.�m o Seal ORGAN $ � MY COMMISSION#GG331646 EXPIRES:MAY 07,2023 Bonded through 1st State Insurance O ROE COUNTY A1"TOFr v'i Y i U A O P GIRO J. PADOr---v��. . A ISTA�` NTY ATTOR Date (7 F/( ) U) 4i Page 18 of 18 Packet Pg. 930 F.28.a U) SCOPE OF SERVICES 3 The Scope of Work shall include,air quality testing and reporting services for any County- owned buildings or facilities that may become damaged in a future hurricane or other disaster or emergency. The Contractor shall furnish all labor, safety equipment, materials, �s tools, supplies, and any other means of testing necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The Scope of Services will be divided into two phases and negotiated by task order. a� Phase I Perform a visual inspection, evaluation and collect air samples and/or swabs from within the building and for comparison, collect an air sample to use as the control sample from the exterior of the building. Test the samples at a certified lab for a typical fungal ecology. Prepare a mold assessment and recommendation report that cites the conditions identified during the visual inspection of the building, including but not limited to, air conditioning type, relative humidity and moisture content within the different building .2 zones, location of visible mold and the sampling methodology utilized. Include the testing results identifying spore levels along with the potential effect of the identified spore level and a recommendation for reentry or remediation„ cv Phase IF-(Only when remediation is recommended) Prepare recommended remediation guidelines to be used by the subsequent remediation contractor.The guidelines will identify the areas of remediation and the suggested type of abatement. a. During the final phase of remediation, coordinate with the remediation contractor U) and conduct a visual inspection of the remediation and perform post remediation clearance testing. Once again collect air samples from within the building and test U) the samples at a certified lab. b. Provide the clearance testing results and conclusions and recommendation for reentry or additional remediation. i U) U) 4j Packet Pg. 931 INSPKEY-02 F.28.b CERTIFICATE OF LIABILITY INSURANCE I 8 DATE A,29/2011j THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOUCIES BELOW., THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on, this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Susan Wills NAME: Insurance Office of America,Inc. PHONE FAX 1855 West State Road 434 (AC,No,Fq:(407)998-5167 15167 tAtc,N,,):(407)788-7933 Longood,FL 32750 E-MAIL w ADDI(,E$5,',Susan.VVIIIsC&Ioausa.com W SURERIS)AFFORDING COVERAGE NAIC INSURER A:Capitol Specialty Insurance Corporation }10328 U) INSURED INSURER B: Inspect Key West Inc. INSURER C- 2404 Staples Ave INSURER to Key West,FL 33040 INSURER'S INSURER F: CL COVERAGES CERTIFICATE NUMBER: U) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR-THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR TYPE OF INSURANCE AD D L SUBR, POLICY E YFF - POLICY EXP INSD POLICY NUMBER (mmrDDNyn_jMWDCWYYyn umrrs wvo 0 A X COMMERCIAL GFNEPAL LIABILITYU EACH OCCURRENCE S ' CLAIMS-MADE X OCCUR x EV20191682-01 Sirl=01 9 SM a/202(l DAMAGE TO RENTED Soo 0 'Professional&-Pollu 1�PREMISES(Fa oacvzrericel MED EXP(Any one person) U) PERSONAL&ADV INJURY '.1 1,000,01 GEN'L AGGREGATE LIMIT APPLIES PER: i'600,01 GENERAL.AGGREGATE POLICY PRO- JECT I,. LOC PRODUCTS-COMPIOP AGO $ 1,000,01 _OTHER S a AUTOMOBILE LIASIUITY COMBINED SINGLE LIMIT (Ea accident} $ ANY AUTO BODILY INJURY(Per person) +S OWNED SCHEDULED, AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED N ED PROPERTY DAMAGE AUTOS ONLY AUTOS (Per accident) $ 0 UPABRELLA I= OCCUR EACH OCCURRENCE U) EXCESS LIAR CLAIMS MADEO AGGREGATE $ DED RETENTION S WORKERS COMPENSION PER fP_ AND EMPLOYEW LIAATBILITY STATUTE ER Y/N ANY PROPRIETOR(PARTNEPJEXECUTIVE 0 NIA E.L.EACH ACCIDENT 4AULCER/MEMBE atory in NIW EXCLUDED? If yes,describe under C.L.DISEASE-FA EMPLOYEE S U) DESCRIPTION OF OPERATIONS pelaw E.L.DISEASE-POLICY LIMIY .S a DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES ACORD tOl,Additional Remarks Schedule,maybe attached If more space is required) A Professional Liability EV20191682-0 A9-20 $1,000,000 Each Claim U) $1,000,000 Aggregate A Contractors Pollution Liability EV20191682-01 9/18M9-20 $1,000,000 Each Poll.Incident $1,000,000 Aggregate Policy Aggregate: $1,00,000 E Monroe County Board of Commissioners is Additional Insured in respects to General Liability when required by written contract per form ENV167. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCO130ANCE WITH THE POLICY PROVISIONS. Monroe County Board of Commissioners AUTHORIZED REPRESENTATIVE 1100 Simonton Wea EL 33040 ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD I Packet Pg. 932 F.28.b DATE(M CERTIFICATE OF LIABILITY INSURANCE F/29/201 THIS CERTIFICATE IS ISSUED HISS A WAITER OF INFORWAMON ONLY AND CONFERS No RIGHTS UPON THE CERTMCATE HOLDER.THIS CEIITIFICATE DOES NOT AFFIANIATPIELY OR NEGATIVELY AMEND, EXTEND OR ALTER TiE COVERAGE AFFORDED BY THE POJJCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES Nar CONSTITUTE A CONTRACT BETWEEN THE ISS131PmIG IIRE§3(S). AUTHORIZED REP€IESENTA VE OR PRODUCEP, AND THE C CATE HOLDER. IMPORTANT: If the cubficate holder Is an ADDITIONAL INSURED,the policy(t ) must have DDITIO L INSURED provisions or be endorsed- If SUBROGATION IS WAIVED, =bjecl to the tems and condltl-arts of the policy, certain policies may require nn endc+rzemenL A shdemant on this certificate s not scan& ri Ian to the ceafficate holder in Meta GI such ea ,crseartent s. PRODUCER GLINTACT Jack Srooks m WEST TITS SSRVICES INC PHONE �C FAX 2 E-MAIL C e t � mast. e Fair Oaks, CA 95628 1rSS9;t+RER S A FEffi1M15 COVERAGE NAIC'f INSURED Inspect Ke t, Inc. INS1JRERB, . 2404 Staples AvenuesKey N R West, FL 33040INSURER 0: 91 CCtVEl GES CERTIFICATE R: U) REVISION Il ER-. THIS IS TO CERTIFY THAT THE POLICIES OF P'�SURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD _ INDICATED. NOTVVITHSTANDSNG ANY REDt.I3RF?.tPNT,TEWA OR COh51'DON OF AAI+SY CONTRACT OR OTMER.OOCUyAxENT Si*1iT.'s{RESPECT T47 S�f'riBC�H THIS CERTIFICA,1'E'dtiRAY BE 455UED OR MAY PERTAIN,.THE MSURANCE-AFFORDED BY THE POLCIES DESCRIBED HEREIN.IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CO 4D1TIONSOF SUCH POLICIES'.UMMS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. � LTRa TYPE OF INSURANCE � POLICY EFF POLICY EXP S P 9CY pli11B all "DO YY MrArD YYY I-MI&TS Ceti ERC�IAL.GEt`v"E.RAL UABALrr�1 *EACH nnuRrsCE -s 8 £C!AIINIS-MADE D OCCUR a rS '1 sa azcna1 I� &a. z iXP rA, ,em,a s 8 jX BDd�sr2rJa >aCss PERS014A,.&ADV INJURY S liormeo AGGREGATE LIMIT APPLIES GENERAL. At' ffMEGATE S 2, ,� ( JJPEi. Lac 'PRODUCTS-COM.PIOPAGG S 0( 'LIABILITY COFASINEDSINGGLE!7%57F 5 �made G.., �.. TO BODILY INJURY(Per Perscn) 'i 5 SCHEDULED - _ AUTOS ONLY AUTOS BODILY INJURY(E'er accident) 5 � HIRED NON-OWNED ONLY AUTOS ONLY dIS Re r.P-nsVcTz Ya t DMJAGE SS (.� UMBRELLA LIAS OCCUR EACH OCCURRENCE: S EXCESS L4A8 CLAIMS-MADE AGGREGATE 5 �.. C i N a ORKERSC(9MPENSATION PE3t {7TPi- AND EMPLOYERS-LIA&LITY vA ANY PROEP.1A RIE7G XCLU`AERPEXcCUxit+s" E.L.EACH ACCIDENT a Q� L9xFIGE2 ALs;,EEF2 EXCLUDED? NIA � (dye%d soli� n0ISEF!AkSE-1EA01 Sym,der�csiae waderU) (Claim- S NEi Formj 7.3.��5e4120AS' P!38i2D:tou i18i2019 s.'-000:,000 DESC IPTIC9t°S OF OPERAT60TftS i LOr-A- oO4Si VF-4ICLES;AiCCt O IM.Addi.Yional maas Schcd"Je,emS"sx-a'sactmelll nore�pacz'rs required) U)For Biro Isar Purposes. C Proof Pf Insurance SHOULD ANY OF THE ABOVE OESCRISED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VPLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, THORIZED REPRESENTATIVE A 41 - �1988-2015 ACORD CORPORATION.All eights reserved. ACORD 25(2016103) The ACORD name and IQgO are registered marks of ACORD Packet Pg. 933 F.28.b b JIMMY PATRt MIS CHIEF FINANICAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION F WORKERS' COMPENSATION CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA A RKE & C P ATI I LAW�� U) NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 8/2/2018 EXPIRATION DATE: 8/112020 � U) PERSON: I-1Iw GH .JC?&'NSON EMAIL: JO ill st_Nl KEYWO-Grol' All__C O FEIN, 223975984 � BUSINESS NAME AND ADDRESS: 0 INSPECT KEY WEST INC U) 2404 STAPLES AVE � KEY WEST, FL 33040 � SCOPE OF BUSINESS CFI TRADE: Inspection Qt Risks For Insurance or Vatuation Purpose N4c IMPORTANT:Pursuant to Chapter 440.05(14),P S.,an officer of a corporation who ele=exemption from this chapter by f iincq a certificate of election under U) fts section rraa,1 not r€;over bents its or compansattion under dais chapter.Pursuarri to Chapter 0.05(12),F.S._Certificates of elecurm try be exempt—apply 0 Only within the scoise Of the business or tram listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election o be exempt and cerfificates of election to be exempt shall be ssabje!ct to revocation if,at any nine after the filing of the notice or the issurince of the certificate,the persona named on the notice or eeffi fcate no Ionger meets the requiTements of this section for issuance of a certificate.The depariment shell re dce a � certificate at any time for failure of the person named on the cenfacate to meet the requirements of this sector. � U) IQFS-F2-DWC-2 2 CERTIFICATE OF ELECTION T4 BE EXEMPT REVISED08-13 QUESTIONS?(850)413-1609 CL oa m Packet Pg. 934 On-Call Air Quality Testing&Reporting Services F.28.b Request For Waiver of Insurance Requirements(ifapplicable) It is requested that the insurance requirements, as specified in the Count 's Schedule of Insurance Requirements, be waived or modified on the fell in contact: Respondent- Contract for: � Address of Respondent- - '' L_ 4�_- kNia cCL - c� Scope of Work: Lqz RAA a.. (E � 1 3 l 0 U Beeson for Waiver cq�K l " hrr 6- Po licies Waiver Fx�3 Ti ea. x will apply to: Signature of Respondent: �s Approved Not Approved U) Risk Management Date: � CountAdministrator appeal- U) Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: � Page 19 of 32 Packet Pg. 935